Disputes

Disputes

Public school: Represented a public school system in connection with structural deficiencies found in three schools built according to the same prototype design.

Detention center: Represented a county in litigation over multi-million dollar contractor claims, and claims for the owner against the designer, involving a $43 million jail and courthouse complex utilizing multiple prime contractors.

Detention center: Represented a county in restructuring prime contracts after defaults by contractors, and in resolving claims for defective work—$26 million jail.

Sports arena and coliseum: Represented a city in resolving multi-million dollar claims involving construction of a sports arena and coliseum expansion. The representation involved claims between the various multiple prime contractors, the owner and designers.

University building: Represented a general contractor in connection with numerous disputes with the owner and various subcontractors on a new lecture hall/classroom building at a community college, utilizing binding arbitration, litigation, and administrative dispute resolution procedures mandated by the State and Community College system.

University project: Represented general contractor on large public university project and defended contractor and payment bond claims asserted by subcontractors.

Contract/payment bond claims: Obtained dismissal with prejudice of subcontractors’ contract and payment bond claims against general contractor and surety on a county project.

Change order negotiation: Negotiated resolution of general contractor’s claims against public owner related to change orders and added costs for project.

Sports arena and coliseum: Represented a contractor in litigation and arbitration seeking additional compensation from parallel contractors and public owner involving new construction of a coliseum. The representation required an understanding of labor acceleration claims and contractual “no damage for delay” clauses.

Federal projects at Fort Bragg, NC: Represented a contractor and subcontractor in connection with claims on an athletic facility expansion and a hospital expansion.

University student housing: Represented contractor seeking additional compensation and extra cost caused by delay and interference in the construction of student housing at a public university.

Science museum: Successfully settled a claim by a museum exhibit subcontractor engaged to install nature exhibits in a public natural science museum. Settlement in the case was achieved by multi-party mediation attended by the public agency, the design team, the general contractor and numerous subcontractors.

Bid protest: Represented electrical contractor in bid protest over disputed award of contracts worth $45 Million by local government transit authority resulting in award of contracts to client contractor.

Bid protest: Represented utility contractor in bid protest over disputed award of contracts for waste water treatment plant upgrades worth $25 Million by municipality resulting in award of contract to client contractor.

University buildings/parking: Represented general contractor in dispute resolution involving construction of various university buildings and parking facilities.

Sports arena: Represented a local sports authority in connection with the construction of a sports arena. The services for the authority included the negotiation of major change orders, and the review, negotiation and disposition of delay and cost overrun claims utilizing a mix of direct negotiation, mediation and litigation.

Hospital: Defended a hospital against extra work claims by a contractor engaged to construct a new cardiac care wing.

Private school: Defended a private school against numerous lien claims brought by the subcontractors and suppliers of a general contractor engaged to build a new school academic building. All of the claims were resolved through a mixture of litigation and private negotiation.

Church: Represented a general contractor in connection with the construction of a $25 Million church sanctuary. The representation was triggered by delays and alleged deficiencies in the structural steel fabrication and erection, resulting in litigation over a standby letter of credit, and claims for additional compensation and time. Ultimately the project was completed and all disputes were resolved through a combination of mediation and direct negotiation.

Boarding school: Represented an architecture firm engaged to design the buildings for a new boarding school in connection with a fee dispute. The dispute involved both calculation of the base fee and compensation for prototype buildings.

Medical facilities: Represented general contractor in dispute resolution involving construction and renovation of major medical facilities.

Commercial office: Obtained jury verdict in favor of purchaser of commercial office property on claims for breach of contract, negligence, fraud and piercing the corporate veil against developer and contractor.

Retail development: Represented retail developer in resolution of claims for defective, incomplete and late work, while defending multiple lien claims from remote claimants.

Restaurant: Negotiated resolution on behalf of general contractor for lien and contract claims between landlord, tenant, general contractor and subcontractors on restaurant tenant upfit project.

Corporate headquarters: Represented general contractor in dispute resolution involving construction of corporate headquarters for national retailer.

Fire/alarm systems: Represented fire and alarm systems subcontractor on contract and payment bond claims against general contractor, first tier subcontractor and surety arising out of construction project.

Beach condominiums: Representation of homeowners in connection with workmanship problems and warranty.

Home builders: Representation of several national production home builders, including one facing 60+ “class action-like” claims of water intrusion through stucco and building envelope following Florida hurricanes in fall 2004.

Housing authority units: Brought claims on behalf of a general contractor engaged to renovate 130 housing units for the housing authority that owned and operated the units. The matter was eventually settled after civil litigation was commenced, arbitration demanded, and mediation attempted.

Apartment complex: Obtained settlement of $1.5 million for general contractor in action against property owner related to general contractor’s construction of apartment complex.

Apartment complex: Represented general contractor on claims against window manufacturers arising out of moisture infiltration and mold growth in apartment complex.

Landfills: Provided dispute resolution services on behalf of national waste management corporation for landfills and transfer facilities projects in more than a dozen states.

Environmental remediation litigation: Representation of owner of an industrial facility in litigation with remediation contractor.

Wastewater treatment plant: Brought a breach of warranty/defective product claim against a supplier of parts for an irrigation system on behalf of a general contractor engaged to upgrade a wastewater treatment plant and install a wastewater disposal system.

Waterworks painting: Asserted claims for a waterworks painting subcontractor against a general contractor and the US Army for cost overruns on a rehabilitation project at a military base. In the course of the matter the client collaborated with the general contractor on a Board of Contract Appeals claim and then, after receipt of a favorable decision from the Board, utilized binding arbitration to reach final resolution of the claim against the general contractor.

Wastewater treatment plant: Defended a claim against an engineering firm joined in a suit by an owner to recover the cost of replacing defective pumps in a wastewater plant upgrade. The case was settled through multi-party mediation.

Textile campus redevelopment: Represented utility and demolition contractor in dispute resolution in connection with the conversion of a 100+ acre vacant textile campus including 50+ buildings in preparation for new use of campus as biotechnical research project.

Manufacturing facility: Representation of an electrical subcontractor in arbitration seeking additional compensation in connection with installation of control wiring for a process line.

Excavation and utility installation: Represent an owner (private utility) in litigation to resolve multi-million dollar claims involving construction of a water distribution system.

Sanitary sewer: Represented general contractor and surety on breach of contract and payment bond claims by boring subcontractor on sanitary sewer project.

Foreign-aid road: Worked with general contractor to prepare and present multi-million dollar request for equitable adjustment to U.S. Army Corps of Engineers on a foreign-aid road construction project resulting in negotiated settlement of contractor’s request.

Road building and excavation: Representation in mediation of a contractor engaged in the construction of roadways and islands supporting oil derricks in the Beaufort Sea north of Alaska. The representation involved a multi-million dollar claim.

Canal excavation and pumping stations: Representation in litigation of a contractor engaged in excavation of canals and construction of pumping stations for a water aqueduct in Arizona. The representation involved a multi-million dollar claim to the Bureau of Reclamation.

Excavation and utility installation: Represented in litigation a contractor engaged to install fiber optic cable from Florida to Washington, D.C. in existing railroad right-of-ways. The representation involved a multi-million dollar claim against a national telecommunication company and defense of suits by subcontractors.

Grading site work: Negotiated full payment for grading contractor for site work on private construction project.

Airports: Represented building and grading contractors in dispute resolution for construction and renovation of airport buildings, runways and approaches, and fuel storage facilities at locations in North Carolina, Virginia, South Carolina, and Florida.

Lien claim on telecom hub: Asserted a lien on behalf a general contractor in the WorldCom bankruptcy, successfully collecting the entire sum owed to the general contractor for pre-petition work on a telecommunications hub.

Equipment lease default: Successfully collected a debt owed to a commercial equipment leasing company after the lessee defaulted. Collection required foreclosure on both the equipment and the underlying ground lease, allowing the debtor’s business to be sold as a going concern to pay the debt.

Subcontractor termination: Represented a subcontractor after non-payment by a general contractor rendered the subcontractor insolvent and the general contractor terminated the subcontractor’s contracts. The matter was worked out through mediation with the general contractor and a series of settlements with the creditors of the subcontractor.

Lien/bond claims: Represented numerous utility, building and specialty contractors in filing lien and bond claims to collect sums owed for work performed by clients. Resolved clients’ cases through direct negotiation, mediated settlement or trial.

Disclaimer

The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. The transmission and display of the information in this website is not intended to create, and the receipt or viewing of it does not constitute, an attorney-client relationship. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal advice. Read our Privacy Policy for more information.